(a) "Training" as used in this rule means instruction, teaching, or other education received by a Commission employee that is not normally received by all Commission employees and that is designed to enhance the ability of the employee to perform the employee's job. The term includes a course of study at an institution of higher education or a private or independent institution of higher education as defined by §61.003, Education Code, if the employing state agency spends money to assist the state employee to meet the expense of the course of study or pays salary to the employee to undertake the course of study as an assigned duty. The term does not include training required either by state or federal law or that is determined necessary by the Commission and offered to all Commission employees performing similar jobs.
(b) The Commission may make public funds available to its employees for training in accordance with the State Employees Training Act (Texas Government Code, §§656.041 - 656.104). The Commission may spend public funds to pay the salary, tuition and other fees, travel and living expenses, training stipend, expense of training materials, and other necessary expenses of an instructor, student, or other participant in a training program.
(c) The training must be related to the duties or prospective duties of the employee.
(d) Employees may be required to complete a training program related to the employee's duties or prospective duties.
(e) Requirements for eligibility and participation in a training program shall be in accordance with this rule and the Commission's current Human Resources Policy and Procedures Manual.
(f) Approval to participate in a training program, including Commission-sponsored programs, shall not in any way affect an employee's at-will status or constitute a guarantee or indication of continued employment, nor shall it constitute a guarantee or indication of future employment in a current or prospective position.
(g) Permission to participate in any training program may be withdrawn if the Commission's Executive Director determines that participation would negatively impact the employee's job duties or performance.
(h) For an authorized training program offered by an institution of higher education or private or independent institution of higher education:
  (1) the Commission may only reimburse the tuition expenses for a program course(s) successfully completed by the employee at an accredited institution of higher education (including online courses or courses not credited towards a degree); and
  (2) the Commission's Executive Director must authorize the tuition reimbursement payment.
(i) An employee who requests a training program to obtain a degree or certification for which the Commission agrees to provide or reimburse all or part of the required tuition must agree in writing, as part of the employee's request, to fully repay the Commission any amounts paid if the employee voluntarily terminates employment with the Commission within one year after the training program is completed (prorated to credit any full calendar month of employment following completion of the training program) and any reasonable expenses the Commission incurs in obtaining restitution, including reasonable attorney's fees. An employee who voluntarily terminates employment before the end of one year after completing the training program due to extraordinary circumstances may request that the Executive Director waive repayment.
(j) All materials received by an employee through Commission-funded training are the property of the Commission.

Source Note: The provisions of this §252.5 adopted to be effective November 2, 2010, 35 TexReg 9677; amended to be effective July 21, 2016, 41 TexReg 5169